Frequently Asked Questions
What is “Family Sponsorship”?
We call Family Sponsorship to the process of doing a petition for direct family members (spouse, children, parents or siblings), in order to bring them to the US to live with us.
Who can apply for this process?
You have to be a US Citizen or a Permanent Resident Holder
What form do I need to file?
How much does it cost?
535 to USCIS, this price may vary depending on your situation. Remember every case is unique.
Who can I sponsor?
A U.S. citizen may petition for certain family members
Spouses of U.S. citizens,
Children (unmarried and under 21) of U.S. citizens
Parents of U.S. citizens (The petitioning citizen must be 21 or older.)
Unmarried son or daughter over 21 years old;
Married son or daughter of any age
Brother (s) or Sisters(s), if you are at least 21 years old.
As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.
Spouse (husband or wife)
Unmarried children under 21
Unmarried son or daughter of any age
How long does it take to receive my green card?
The average period of time is between 12 to 20 months.
Can I travel to the US with my tourist visa if my case is still pending?
If you already have a valid U.S. tourist visa (B-2), you can generally travel to the U.S. as a visitor while the petition is pending.
Can I travel outside the US while my case is pending?
If you are within the US and your case is still pending, it is possible that traveling abroad may affect your case unless you’ve obtained Advance Parole.
If I made a petition for my spouse, are my children included in the petition?
If you are a Permanent Resident and your children are under 18 and unmarried, they can be included in the petition.
If you are a US Citizen, you need to make a petition for each of your children.
If I sponsor my mother, can I bring my dad in the same petition?
No, you need to make a separate petition for your father.
Do I have to wait until I've been married 2 or more years to make a petition for my spouse?
No, you can apply for your spouse as soon as you get married.
If I've been married for a long time, will my process be faster?
Everything depends on USCIS, even if you have been married for a long time, IF USCIS decides that they need more evidence, your wait time can be longer than expected.
What you can do is provide them with all the information and documentation they need from the beginning. In that case, USCIS may avoid requesting more evidence and wouldn’t delay the process.
If I want to sponsor my son, but I’m not in his birth certificate, can I apply for him?
If you’re not listed on his birth certificate, it can be more challenging, but there are options:
Legal Recognition of Parentage:
You might need to provide legal documents proving your parentage, such as court orders, adoption papers, or other legal recognitions of your relationship.Adoption or Legal Guardianship:
If you adopted your son or have legal guardianship, you can use those documents to establish your relationship.
How long do I have to wait if I made a petition for my brother or sister?
Depends on the country of origin:
Philippines: 19 years
Mexico: 22 years
Standard (any other country): 14 years
If I am a US citizen but do not live in the US, can I still petition for a parent/spouse/child?
Yes, as a U.S. citizen, you can still petition for your parent, spouse, or child even if you do not currently live in the U.S.
What is a K-1 visa?
The K-1 visa is a non-immigrant visa that allows a U.S. citizen to bring their fiancé(e) to the U.S. so they can marry within 90 days of entry.
How do I apply for a K-1 visa?
The U.S. citizen files Form I-129F (Petition for Alien Fiancé(e)) with USCIS. Once approved, the fiancé(e) applies for the visa at a U.S. embassy or consulate abroad.
What happens after marriage?
You can apply for a green card (permanent residence) by filing Form I-485 (Adjustment of Status) after marriage.
Can I bring children with a K-1 visa?
Yes, children under 21 can accompany or follow to join as dependents via a K-2 visa.
What if the marriage doesn’t happen within 90 days?
The fiancé(e) must leave the U.S., as overstaying the visa can jeopardize future immigration benefits.
What are the main challenges of the K-1 visa process?
Proving the real relationship, meeting all documentation requirements, and completing interviews can be challenging but manageable with proper preparation.
Can I work or travel while on a K-1 visa?
No, you cannot work until you obtain employment authorization (EAD). You can travel, but leaving the U.S. before marriage and adjusting status may require Advance Parole.
Does the country of origin of the fiancée matter?
Your fiancé(e)’s country of origin does not disqualify or limit your ability to petition for a K-1 visa, but processing times and procedures might vary slightly depending on the country.
What if we break up shortly after marriage?
Breaking up shortly after marriage can complicate your immigration status, especially if the marriage is found to be not genuine or if the green card is revoked. It’s important to seek legal advice if you’re in this situation.
What is Form N-400?
It’s the application form used to apply for U.S. naturalization and become a U.S. citizen.
Who is eligible to file Form N-400?
Lawful permanent residents (green card holders) who meet residency, physical presence, and other requirements.
How long does the naturalization process take?
Typically 8-12 months, but times can vary based on USCIS workload.
What documents are needed for Form N-400?
Green card, passport-style photos, proof of residence, and supporting documents like marriage or divorce certificates if applicable.
Can I apply for naturalization if I’m outside the U.S.?
No, generally you must be physically present in the U.S. to apply and meet residency requirements.
What is Form N-600?
It’s the application for a Certificate of Citizenship for individuals who acquired citizenship through parents but do not have a U.S. birth certificate.
How long does it take to get a Certificate of Citizenship?
Usually 6-12 months, but processing times vary.
Can I travel while my N-400 or N-600 application is pending?
Yes, but if you plan to travel abroad for long periods, consult an attorney. Travel may affect your residency or eligibility.
What is the citizenship test?
A test on U.S. history, government, and English language skills, unless you qualify for an exemption.
What if I fail the citizenship test?
You may be allowed to retake the test, usually within a few months. If you fail multiple times, your application may be denied.
How do I replace a lost or damaged naturalization certificate?
File Form N-565, Application for Replacement Naturalization/Citizenship Document.
What are the benefits of having a U.S. citizenship?
Voting, running for office, obtaining a U.S. passport, and full legal rights.
What is a Green Card?
A Green Card (Permanent Resident Card) allows a non-citizen to live and work permanently in the U.S.
How do I become a permanent resident?
You can become a permanent resident through family sponsorship, employment, refugee or asylum status, or special programs like Military Parole in Place.
What is Military Parole in Place (PIP)?
PIP allows certain undocumented or non-citizen family members of U.S. military members to stay in the U.S. legally and potentially apply for a Green Card without leaving the country.
Who is eligible for Parole in Place?
Spouses, parents, or children of active-duty U.S. military members or veterans.
What is an ADIT Stamp?
An ADIT (Alien Documentation, Identification, and Telecommunication) stamp is an interim document placed in your passport, allowing you to travel and work while your Green Card application is being processed.
How can I get an ADIT Stamp?
You must file Form I-485 and request an Advance Parole (travel document) at your USCIS interview or visit an USCIS office for an in-person appointment.
Can I travel outside the U.S. with a Green Card?
Yes, but if you plan to be outside for more than a year, you should get a re-entry permit to avoid losing your permanent resident status.
How long does it take to get a Green Card?
Processing times vary—typically between 8 months to over a year, depending on the category and USCIS workload.
Can I lose my permanent residency?
Yes, if you commit certain crimes, stay outside the U.S. too long, or abandon your residence.
How do I replace a lost or damaged Green Card?
File Form I-90, Application to Replace Permanent Resident Card.
Can I apply for U.S. citizenship after getting a Green Card?
Yes, usually after 3 or 5 years of permanent residency, you can apply for naturalization if you meet residency, physical presence, and good moral character requirements.
What if I am in the U.S. on a different visa but want to become a permanent resident?
You may be eligible to adjust status inside the U.S. by filing Form I-485, depending on your eligibility category and visa status.
